OVAITTE v. DEPT. OF EMP. & TR.

No. 85-169.

530 A.2d 578 (1987)

Donald OVAITTE v. DEPARTMENT OF EMPLOYMENT AND TRAINING (New England Label Corp., appellant).

Supreme Court of Vermont.

June 12, 1987.


Attorney(s) appearing for the Case

Joan Bauer and John McCullough, Vermont Legal Aid, Inc., Montpelier, for plaintiff-appellee.

Cheney, Brock & Saudek, P.C., Montpelier, for defendant-appellant.

Before ALLEN, C.J., HILL and GIBSON, JJ., and KEYSER, J. (Retired), Specially Assigned.


PER CURIAM.

This is an appeal from a decision of the Employment Security Board that found the claimant was qualified for unemployment compensation because he was not discharged for "gross misconduct." We affirm.

The claimant, Donald Ovaitte, was employed as an office employee by the appellant, New England Label Company. The company had a posted work rule that stated: "An employee who chooses not to take a half hour lunch break will have his standard eight...

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